IN THE CASE OF:
BOARD DATE: 12 MAY 2009
DOCKET NUMBER: AR20090003053
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his total time in service be corrected.
2. The applicant states that his military service was not added correctly. At the time of his discharge, he was separated due to head trauma and various other injuries. He was unable to gather all of his military documentation to compute the correct data.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 22 February 1974; his DD Form 214 for the period ending 19 May 1977; his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 4 November 1983; and his DD Form 214 for the period ending 3 May 1995.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 1 March 1972 and was released from active duty on 22 February 1974. On the following day, he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). His DD Form 214 for the period ending 22 February 1974 shows he completed 1 year, 11 months, and 22 days of active military service.
3. The applicant served in the USAR Control Group from 23 February 1974 to 19 May 1974. This is a period of 2 months and 27 days of inactive service.
4. The applicant enlisted in the Regular Army on 20 May 1974 and was released from active duty on 19 May 1977. On the following day, he was transferred to the USAR Control Group (Reinforcement). His DD Form 214 for the period ending 19 May 1977 shows he completed 3 years of active military service.
5. The applicant served in the USAR Control Group from 20 May 1977 to 28 February 1978. This is a period of 9 months and 9 days of inactive service.
6. After a break in service, the applicant enlisted in the Army National Guard on 20 March 1982. He was discharged on 4 November 1983. This is a period of 1 year, 7 months, and 15 days of inactive service.
7. He enlisted in the Regular Army on 29 September 1983 and was discharged on 3 May 1995. His DD Form 214 for the period ending 3 May 1995 shows he completed 11 years, 7 months, and 5 days of total active military service during this period.
8. Item 12d (Total Prior Active Service) of his DD Form 214 for the period ending 3 May 1995 shows 4 years, 11 months, and 21 days of total prior active service. Item 12e (Total Prior Inactive Service) shows 2 months and 28 days of inactive service.
9. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military service was not calculated correctly.
2. The applicant served in the Regular Army from 1 March 1972 to 22 February 1974 and from 20 May 1974 to 19 May 1977. This service equals 4 years, 11 months, and 22 days of active military service.
3. The applicant subsequently served in the USAR Control Group and the Army National Guard, a total period of 2 years, 7 months, and 21 days of inactive service.
4. However, the applicant's DD Form 214 for the period ending 3 May 1995 incorrectly reflects only 2 months and 28 days of total prior inactive service in item 12e.
5. It appears that administrative errors have occurred in this case regarding the computation of the applicants total service. Therefore, it would be appropriate to correct his records to include his service in the USAR Control Group and the Army National Guard and to recalculate his total service.
BOARD VOTE:
____X____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 12e on his DD Form 214 for the period ending 3 May 1995 to show 2 years, 7 months, and 21 days total prior inactive service.
_______ _XXX _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20090003053
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ABCMR Record of Proceedings (cont) AR20090003053
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